Category Archives: Articles

California Supreme Court Addresses Background Checks

California Supreme Court Provides Helpful Guidance for Employers Conducting Background Checks In Connor v. First Student, Inc., 1,200 bus drivers filed suit against their employer, a bus transportation company, alleging illegal failure to adequately notify them and obtain their prior written authorization when conducting background checks. At issue was the fact that the information procured […]

Newly Proposed Standards From Cal/OSHA

Proposed Cal/OSHA Standards: Indoor Heat Illness and Workplace Violence The Division of Occupational Safety and Health has issued revised drafts of two proposed new standards. The first standard regulates indoor heat illness prevention. This standard would apply to workplaces when the indoor temperature reaches 82 degrees. Additionally, it would apply in any of the following […]

Limo Company Alleges Uber Misclassified Drivers

Limo Company Alleges Uber Illegally Saved $500 Million by Misclassifying Drivers as Independent Contractors A limousine company recently filed a lawsuit against Uber in federal court alleging that Uber misclassified its drivers as independent contractors, to illegally obtain a competitive advantage over its law-abiding competitors (referring to taxi companies and livery services). The limo company […]

Recent Decision Sheds Light on California’s New Independent Contractor Test

Court of Appeal Finds ABC Test Only Applies to Wage-Order Claims Determining whether to classify a worker as an independent contractor or an employee can be tricky business under California law. Add the significant risk associated with misclassifying workers as independent contractors, and the end result is a high stakes game of litigation roulette. Several […]

The Absurdity of AB 2751

Gerawan’s Victory Over the UFW Underscores the Absurdity of AB 2751 Last month, agricultural employers everywhere watched as the Agricultural Labor Relations Board finally tallied the workers’ votes from the 2013 decertification election held at Gerawan Farming.  Two weeks later, the ALRB cemented Gerawan’s triumph over the United Farm Workers by affirming the 1,098 to […]

2018 Legislative Update

Governor Brown Signs New Sexual Harassment Laws The 2018 legislative session has come to an end.  This year, over 100 new bills were signed which affect the labor and employment laws in California.  The so-called #MeToo Movement influenced the Legislature, with twelve sexual harassment and retaliation-related measures making their way to Governor Brown’s desk.  Five […]

Five Years Later, Ballots Prove Workers Want Union Out

“No Union!  No Union!  No Union!”  After Five Years of ALRB Antics, the Voices of Thousands of Gerawan Farming’s Workers Have Finally Been Heard For the past five years, the Agricultural Labor Relations Board has spent millions in taxpayer funds (and, by recent estimates, over $13 million) to aid the UFW in suppressing the results […]

Mere Knowledge of Missed Meal and Rest Breaks Not Enough to Establish Employer Liability

Employer Knowledge of Employees Skipping Meal and/or Rest Breaks Alone Is Insufficient to Establish Liability California employers, including staffing agencies that provide temporary employees to their clients, are not required to police staff to ensure compliance with meal period obligations or to investigate time records to uncover possible violations.  The California Labor Code guarantees that […]